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Satish Kumar vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 27 May 2014 · Citation: (2014) 05 P&H CK 0132

HON’BLE JUDGES
Rekha Mittal, J
ACTS & SECTIONS REFERRED
Negotiable Instruments Act, 1881 (NI) — Section 138, 147
RESULT
Disposed Off
CASE NUMBER
Crl. Revision No. 1493 of 2014 (O&M)
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Judgment

11 paragraphs · 351 words

Rekha Mittal, J.

CRM-16471 of 2014

CRM-16472 of 2014

1.

Allowed as prayed for Annexure P-3 to P-4 are taken on record.

CRR-1493 of 2014.

2.

The present appeal has been directed against judgment dated 5.5.2014 passed by the Additional Sessions Judge, Amritsar whereby the appeal preferred by the petitioner against his conviction and sentence for offence punishable u/s 138 of the Negotiable Instruments Act, 1881 (for short "the Act") has been dismissed and findings recorded by the trial court are affirmed.

3.

Counsel for the petitioner contends that the matter has been settled by way of compromise between the petitioner and respondent No. 2 and in view of compromise, the petitioner has already paid the entire amount to discharge his liability qua the cheque. It is further submitted that the petitioner has also deposited 15% of the cheque amount in the Registry of this Court in compliance with directions of Hon''ble the Supreme Court of India in Damodar S. Prabhu Vs. Sayed Babalal H., .

4.

Mr. N.S. Dadwal, Advocate appears for respondent-Dev Parkash (complainant therein). He has conceded to the submissions made by counsel for the petitioner that the petitioner has already discharged his entire liability qua the cheque in dispute, therefore, he has got no objection if the offence is allowed to compounded and the petitioner is acquitted of the offence charged against him.

5.

I have heard counsel for the parties and perused the records.

6.

As the parties have settled their dispute by way of compromise and the petitioner has already discharged his entire liability towards the respondent in regard to the cheque in dispute and further deposited 15% of the cheque amount in the Registry of this Court, in view of the original receipt filed in the court, the petitioner is permitted to compound the offence by invoking provisions of Section 147 of the Act. As the offence has been compounded, the judgments passed by the courts below holding the petitioner guilty of the offence are set aside and the petitioner is acquitted of the offence charged against him.

7.

Petition stands disposed of accordingly.